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Family Dispute Resolution Week Postponed

I've been sent a press release by Resolution in the run up to their Family Dispute Resolution Week. Ordinarily I'd finesse this into some kind of blog post (who am I kidding, no I wouldn't), but ironically I am taking a week off family dispute resolution and can't be fagged. You may read it in all it's unedited glory below. It's the usual survey telling us what we already know, and although I can't be bothered to do any proper analysis, I wonder in passing how many of the 45% of respondents who thought divorce would involve a trip to court were thinking about attending a court building generally or court hearings specifically. There will be a darn sight more than 45% of them rocking up at the (closed) court counter to issue their divorce petition after April 2013. In future, unless you use an online divorce in a box service, or pay for a lawyer you will inevitably make "a trip to court" even if its just to issue the petition and submit your consent order.

I, however, am 100% certain not to be making any trips to any court of any description for the remainder of September. Unless I get arrested for being tipsy in charge of a sun lounger and hauled up before a Cypriot Magistrate in my swimming togs and sunnies. Which seems unlikely.

Four out of five people say children should come first in divorce

· Survey reveals attitudes to separation and divorce as new advice guide launched

· More than half of Britons have a divorced family member

· 40% assume divorce can never be without conflict

The overwhelming majority of Britons believe that putting children’s interests first or avoiding conflict are the most important factors if going through divorce, according to a new survey from Resolution, the national family law association.

Four out of five (78%) say that putting children’s interests first would be their most or second most important consideration in a divorce, and 53% would prioritise making the divorce as conflict-free as possible.

Despite this, over four-fifths of people (81%) believe that children end up being the main casualties of divorce, and 40% believe that divorces can never be without conflict – a figure that rises to nearly half (47%) of those who are currently divorced themselves. Despite the increasing availability of non-court alternatives, nearly half (45%) think that most divorces involve a visit to court.

In stark contrast to some of the high-profile divorce cases in recent years, financial factors are not seen as particularly important, with only 1% saying that being financially better off than their partner would be the most important consideration should they divorce.

The survey was conducted to mark Family Dispute Resolution Week, starting today and being held to raise awareness of non-confrontational methods of resolving family breakdown, such as mediation, collaborative law and arbitration.

As part of the week, Resolution is launching a new advice guide, ’Separating Together: Your options for separation and divorce,’ designed to help separating couples understand and explore non-court based methods of resolving issues arising on the breakdown of a relationship.

Jo Edwards, Vice Chair of Resolution, said: “These findings highlight how people have good intentions to prioritise the well-being of children and to avoid conflict during separation, but this can often be derailed by a lack of knowledge of non-court based options and an exposure to the adversarial nature of courts. Something is going very wrong, and often the result is emotionally and financially drained parents and deeply distressed children.

“However, there is another way. We’ve launched this guide because we want separating couples to know about non-confrontational alternatives to court. These methods can help prevent separation and divorce from being needlessly adversarial, and often can benefit the whole family through fairer settlements and by prioritising the interests of children.”

The survey results come at an important time for family law in England and Wales. The most recent statistics show a rise in divorce rates; and the family courts are facing the strain.

Ms Edwards added: “The courts are already struggling to cope, and are likely to be even busier when the legal aid cuts take effect next year, with more people trying to navigate the family justice system on their own as a result. The system is under huge pressure, and couples who use alternatives to court are much more likely to achieve swift, fair outcomes.”

Resolution is an association of 6,500 family lawyers and professionals committed to taking conflict out of family disputes. Resolution members abide by a code of practice which encourages solutions based on the needs of the whole family, and particularly the best interests of children.

– ends –

Survey Summary

ComRes interviewed 2018 British adults online between 29-31 August 2012. Results were weighted to be demographically representative of all British adults. The survey showed that:

Aside from ‘putting the children’s interests first’ (78%), ‘ensuring that the divorce is as conflict-free as possible’ (53%) is most likely to be seen as the most, or the second most important factor to consider when going through a divorce.

Only 3% of respondents believe that “ensuring I am financially better off than my partner” was the most or second most important consideration.

81% of respondents agree with the statement, “Children are usually the main casualties in divorces.”

45% agreed with the statement, “Most divorces involve a visit to court.”

40% agreed with the statement, “Divorces can never be without conflict.”

More than four fifths of people (86%) say that they know someone close to them who has been divorced. This rises to 92% of people aged 45 and over.

The majority of people (58%) say that a member of their family (parents, children, grandparents or another close family member) have been divorced.

ComRes is a member of the British Polling Council and abides by its rules. Full tables at www.comres.co.uk

2. Family Dispute Resolution Week is the national awareness raising week, designed to make the public aware of the alternatives to court for separation and divorce. More information on these alternatives, including mediation, collaborative law, and arbitration, is available on the Resolution website: http://www.resolution.org.uk/editorial.asp?page_id=19.

4. The guide includes contact details for other organisations who can provide useful information around separation and divorce. These include: Citizens Advice Bureaux; Family Lives; Fatherhood Institute; Gingerbread; Money Advice Service; One Plus One; Only Dads; Only Mums; and Relate.

5. The week will culminate with Resolution’s annual conference for Dispute Resolution practitioners, taking place in Oxford on 28th September.